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Chapter 28 - Registration of Offenders

Chapter 28 - Registration of Offenders

46.2801 Registration of persons convicted of offenses against a victim who is a child.


(a) Any person convicted of the following offenses, when the act was committed upon a victim who was a minor, or person under the age of 18 years at the time of commission, is required to register their name, identifying information, current residential address, and provide fingerprint, photograph, and any requested body fluids to the Department of Public Safety, corrections division warden:

46.3531 Kidnapping
46.3532 Felonious restraint
46.3533 False imprisonment
46.3534 Interference with custody
46.3604 Rape
46.3610 Sexual Assault
46.3611 Sodomy
46.3612 Deviate sexual assault
46.3615 Sexual abuse in the first degree
46.3616 Sexual abuse in the second degree
46.3617 Child molesting
46.3703 Patronizing Prostitution
46.3706 Promoting prostitution in the first degree
46.3707 Promoting prostitution in the second degree
46.3401 Attempt, when committed with the purpose of attempting the above offenses

(b) Persons convicted of these offenses, when the victim is a minor, or person under 18 years of age, shall for a period of ten (10) years from the date of release from prison, being placed on parole, supervised release, or probation, be required to notify the Department of Public Safety, correction division, of any change of residence within ten (10) days of the change of address. This requirement includes being out of the territory for a period of over six (6) months, or for any period of time where he/she is employed, or is a student.
Any person convicted of the above offenses who fails to register, or who fails to notify the Department of Public Safety, corrections division warden within ten (10) days of any change in residence, including being out of the Territory of American Samoa, is guilty of a crime, and upon convictions may be sentenced as for a class A misdemeanor.
(c) Any person who is required to register under subsection (a) above is also required to notify the Department of Public Safety, corrections division warden, within ten days of the registrant’s commencement, termination or current enrollment or employment at any institution of higher learning within the territory. Any person who fails to provide timely notification in compliance with this subsection is guilty of a crime, and upon conviction may be sentenced as for a class A misdemeanor.
(d) Upon the conviction for any of the offenses set forth in subparagraph (a), the Court shall document through the judgment and sentencing record that prior to release from prison, being placed on parole, supervised release, or probation, that the warden of the Department of Public Safety, corrections division, will inform and explain to the convicted person his/her requirement to registered and obtain verification of notification through the signature of the offender.
The corrections division warden is responsible for the maintenance of the registry, which at a minimum, shall contain the following:
(1) notification to the offender of the offender’s duty to register, maintaining a copy of this notification, signed by the offender and the Warden of the corrections division, and to obtain the information, fingerprints, photographs, and samples required for such registration;
(2) notification to the offender of the offender’s duty to notify the Department of Public Safety, correction division warden of any change in their residential address within ten (10) days of changing addresses;
(3) notification to the offender of the offender’s duty to contact the state agency responsible for registering offenders in any other state, territory, or jurisdiction of the United States in which they intend to reside, move or relocate;
(4) The Department of Public Safety, corrections division warden is responsible for maintaining a registry of offenders which include at a minimum the offender’s photograph, fingerprints, criminal history, and identifying information, which includes information on current residential address, spouse, and family matai;
(5) The Department of Public Safety, correction division warden shall be responsible for verifying the addresses of each offender in American Samoa through a physical verification of the residential address every three months;
(6) The Department of Public Safety, corrections division warden shall be responsible for maintaining a registry of those offenders’ records which are referred from other states or jurisdictions of the United States, including those military or former military personnel and federal employees under federal judgments;
(7) The Department of Public Safety, corrections division warden shall be responsible for transmitting all registry information, including photographs and fingerprints, criminal history, and identifying information to the U.S. Department of Justice, Federal Bureau of Investigation repository, National Sex Offender Registry (NSOR) and Department of Human and Social Services within ten (10) days of release, placement on parole, supervised release, or probation.
(8) The Department of Public Safety, corrections division warden shall be responsible for maintaining registry records of non-resident offenders who reside in American Samoa for school or employment for more than 14 days or for an aggregate period exceeding 30 days in a calendar year;
(9) The Department of Public Safety, corrections division warden shall be responsible for transmitting all registry information on offenders who change their residence to another state or territory or who work or attend school in other jurisdictions, including photographs, fingerprints, criminal history, and identifying information for those offenders who notify the corrections division of a change of address to another jurisdiction, or upon determining that the offender has moved to another jurisdiction and has failed to notify the corrections division.

46.2802 Heightened registration of sexually violent predators; recidivists and aggravated offenders.


(a) Any person who is convicted for a second time for any of the offenses listed in 46.2801, regardless of when the prior qualifying conviction occurred and regardless of whether the prior conviction for an offense covered by this chapter resulted in registration in the jurisdiction of conviction or who is convicted a first time of any of the following offenses involving a victim of any age:

46.3604(b) Rape, inflicting serious physical injury or utilizing or displaying a deadly weapon in a threatening manner;
46.3610(b) Sexual assault inflicting serious physical injury on any person or while displaying a deadly weapon in a threatening manner;
46.3611(b) Sodomy, inflicting serious physical injury on any person or while displaying a deadly weapon in a threatening manner;
46.3612(b) Deviate sexual assault inflicting serious physical injury on any person or while displaying a deadly weapon in a threatening manner;
46.3616(b) Sexual abuse in the first degree, inflicting serious physical harm or displaying a deadly weapon in a threatening manner; or
46.3618 Child molesting (victim is minor of twelve years or under) is considered a sexually violent predator, and is required for the remainder of their life upon release from prison, being placed on parole, supervised release, or probation, to notify the Department of Public Safety, corrections division warden, of any change of residence within ten (10) days of the change of address. This requirement includes being out of the Territory for a period of over six (6) months.

Any person convicted of the offenses set forth above who fails to register, or fails to notify the Department of Public Safety, corrections division warden within ten (10) days of any change in residence, including being out of the Territory of American Samoa, is guilty of a crime, and upon conviction may be sentenced as for a class C felony.
(b) Any person who is required to register under subsection (a) above is also required to notify the Department of Public Safety, corrections division warden, within 10 days of the registrant’s commencement, termination or current enrollment or employment at any institution of higher learning within the territory. Any person who fails to provide timely notification in compliance with this subsection is guilty of a crime, and upon conviction may be sentenced as for a class A misdemeanor.
(c) The lifetime registration of sexually violent predators shall be administered in accordance with the provisions of 46.2801(c) (1-9), and the registry file shall include any record of psychological treatment.
(d) The High Court may designate and judge any person convicted of any of the offenses in 46.2801 as sexually violent predator or aggravated offender without the necessity of a second offense, and require the offender to register on a lifetime basis in consideration of the offender’s criminal history, treatment received, and expert testimony of psychiatric, law enforcement or victim advocacy witnesses.

46.2803 Continued registration not required when underlying conviction is reversed, vacated, or set aside.


When the underlying conviction requiring a person to register under this act is reversed, vacated, or set aside, or if the registrant is pardoned, continuing registration is not required.

46.2804 Release of information contained in the registry of 46.2801 by the Department of Public Safety.


(a) The Commissioner of Public Safety shall release offender registry information as necessary to protect the public of American Samoa. The Commissioner of Public Safety is responsible for developing and implementing a policy on the release of relevant offender information to the public of American Samoa, with the following limitations:

(1) All relevant registry information shall be released to the Department of Human and Social Services and, upon written request, to legitimate law enforcement agencies, Courts, prosecutors and defense counsel, and health care treatment officials which have been approved by the High Court of American Samoa;

(2) All relevant registry information, excluding the identity and location of any victims involved in the registry offenses, to members of the public who provide a written request demonstrating a need to examine offender registry files that is necessary for the protection of themselves and/or their families; and

(3) All relevant registry information, excluding the identity and location of victims involved in the registry offenses, to prospective employers and employers who provide a written request demonstrating need to examine offender registry files in any field that has contact with minors, including but not limited to schools, child care agencies, counseling and social services groups or agencies, churches, and the hotel industry.

46.2805 Resident offenders convicted in other states or territories.


The provisions and standards of this act pertaining to registration and the penalties for failure to comply with registration requirements apply to residents of the Territory who are convicted in other states or territories of any of the covered offenses against victims who are minors or of sexually violent offenses upon their return to this Territory.

46.2806 Adoption of administrative rules.


To further the implementation of this act, the Commissioner of Public Safety may promulgate rules and regulations in accordance with Administrative Procedures Act, A.S.C.A., Section 4.1001, et seq., but not inconsistent with this act.